특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. As to the sentence imposed by the court below (two years and six months of imprisonment) on the defendant, the defendant asserts that the defendant is too uncomfortable and unfair, and the prosecutor asserts that it is too unffortable and unfair.
2. The crime of this case is a case where the defendant attempted to obtain a total of KRW 530 million through 4 times for about 11 months under the pretext that he/she solicits a public official or a person related to the bar in order to admit the victim's children to the bar school, and in order to obtain an additional 30 million won, the crime of this case is very poor in light of the details and methods of the crime, the frequency of the crime, the period of the crime, and the scale of damage, etc.
Since the defendant did not reach an agreement with the victim, the victim still wanted to punish the defendant.
However, the court below deposited KRW 250 million in order to recover damage, and the defendant deposited additional KRW 50 million in the court below's trial to take measures to recover damage in excess of half of the amount of damage, the confession of the crime and the misunderstanding are divided, and there is no good health condition, such as there is no other record of crime except punishment of fines on several occasions, and there is considerable responsibility for the occurrence of the crime or the expansion of damage to the victim who paid money for illegal admission.
In full consideration of various sentencing conditions, including the defendant's age, sex, environment, background of the crime of this case, and circumstances after the crime, the above sentence sentenced by the court below is too unreasonable since it is too unreasonable. Thus, the defendant's argument is reasonable and the prosecutor's argument is groundless.
3. The defendant's appeal is with merit, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
b) the evidence;